Where things stand
On 18 October, the FAA's final rule Normalizing Unmanned Aircraft Systems Beyond Visual Line of Sight Operations (RIN 2120-AL82), widely known as Part 108, reached its 100th day under review at the White House Office of Information and Regulatory Affairs (OIRA). The rule was received on 10 July 2026. OIRA's register still lists it as "Pending Review", with no conclusion date.
Under Executive Order 12866, OIRA normally has 90 days for review, which can be extended. Ninety days from 10 July was 8 October. Drone Authority reports that nothing on the register shows whether an extension has been granted. Meetings with outside parties continued into October, with the most recent logged sessions on 5 and 8 October.
Missed deadlines
The 2024 FAA Reauthorization Act set a statutory deadline of 16 January 2026 for the final rule. The FAA's own regulatory agenda had aimed for July 2026. At Commercial UAV Expo in September, the FAA's Robert Reckert said the agency hoped to see the rule published by the end of the calendar year, Drone Authority reported.
What Part 108 would do
The 2025 proposal set out performance-based rules to allow routine low-altitude BVLOS flights for package delivery, agriculture, surveying, inspection and other uses. It also covered third-party services such as UAS traffic management. Until a final rule takes effect, operators must still rely on case-by-case waivers, exemptions and other authorisations.
Why it matters financially
Drone delivery, inspection and agricultural operators have been planning to grow their fleets on the assumption that routine BVLOS approval would follow Part 108. Every month of delay keeps them on slower case-by-case approvals and holds back hardware and service investment. One industry tracker has advised operators not to buy hardware "on the strength of a rule nobody has read". The final text has not been released.